Agenda and minutes

RESOLVED that the Minutes of the meeting held on 2 October 2014 are correctly recorded and that they be signed by the Chairman.

(1)       The Committee was reminded of the visit to the site of the brickearth excavation application at Paradise Farm, Hartlip on Wednesday, 19 November 2014.

(1)       The Head of Planning Applications Group informed the Committee that the new National Planning Policy for Waste (PPS10) had been published on 16 October 2014. Copies would be sent to all Members of the Committee. 

(2)       The Head of Planning Applications Group informed the Committee that the Secretary of State’s decision on whether to call in the Teal Energy application for his determination (Minute 14/62) was expected imminently.

MA/14/688 – Variation of Conditions of Permission MA/08/45 regarding revised proposals for Phase 1 slope remediation; and

MA/14/689 – Variation of Condition 2 (working and restoration scheme) of Permission MA/09/1013/MR108), temporary relaxation of Condition 5 (extent of area outside agricultural use at any one time), and schemes pursuant to Conditions 14 (diversion of watercourse), 23 (archaeological work), 25 (compensatory habitat) and 29 (restoration and aftercare).

(1)          The Head of Planning Applications Group informed the Committee that the new National Planning Policy for Waste contained no significant changes in so far as they related to this application.  She was satisfied that it had no additional bearing on her report.

(2)       The Head of Planning Applications Group referred to paragraphs 4 and 21 (iii) of the report and informed the Committee that the applicants had asked for Site 75 at Boltons Field, Lenham Heath to be withdrawn as a Preferred Option for potential future sand extraction in the Mineral Sites Plan.

(3)       RESOLVED that:-

(a)       permission be granted to ApplicationMA/14/688 (revised proposals for Phase 1 slope remediation) subject to there-imposition of  the conditions previouslyimposed onPermission MA/08/45 (updatedand amendedas necessary); avariation ofCondition 2requiring theimportation anddeposit ofinert wasteto cease onor before3 yearsfrom thedate ofthis Permission;and variations toConditions 3,6 and11 to permitthe revisedapproach tothe slope constructionand design;

(b)     permission be granted to Application MA/14/689 subject to the re-imposition of the conditions previously imposed on permission MA/09/1013/MR108 (updatedand amendedas necessary); a variation to Condition 2 permitting the revised  working and restoration schemes,and a conditionensuring that thesoil bundsproposed withinthe Revised Schemeof Working aremaintained onsite duringexcavation ofsand fromPhases 2 and3 (as recommendedby the CountyCouncil’s Noiseand Air Quality Consultants as part of the noise and dust attenuation);

(c)     approval be given for a temporaryrelaxation ofCondition 5 of Permission MA/09/1013/MR108 (to allow more than4ha ofthe siteto be outsideagricultural useat onetime) fora temporary periodof 3years fromthe date ofthis Permission, subjectto operations beinglimited tothe extraction of materialfrom Phase2 only,with anywork inPhase 3being restricted to preparatoryworks, worksrelating tothe compensatoryhabitat and the diversionof watercourse;

(d)     approval be given to the schemes submittedpursuant toConditions14, 23,25 and 29 of Permission MA/09/1013/MR108; and

(e)   the Applicant beadvised by Informative  to contactthe LeadFlood Authorityto discussand obtain theconsent requiredunder theLand Drainage Act1991, asamended by regulations ofthe Floodand WaterManagement Act 2010,to divertthe identified watercourse.

(1)       Mr Daniel Clare from RSK (Noise and Air Quality Advisers) was present for this item and available to answer Members’ questions.

(2)       Mr T L Shonk informed the Committee that he had signed a petition against the scheme.  He did not take part in the discussion or the voting on this proposal.

(3)       Mr S C Manion and Mr R J Parry left the meeting for much of this item and therefore did not cast a vote in its determination.

(4)       The Head of Planning Applications reported receipt of a further 292 signatures to the petition in appendix 7 of the report.

(5)       The Head of Planning Applications Group informed the Committee that requests had been made by objectors to the proposal to provide the Committee with a number of documents which were not relevant to the determination of the proposal.  These included the safety audit and DfT documents on the funding of Major Transport Schemes. Following consultation with the Chairman, it had been decided that these documents should not be circulated as it was essential for the Committee Members to focus exclusively on the land use planning aspects of the proposal.

(6)       Mr C W Caller and Mrs S Howes were present for this item pursuant to Committee Procedure Rule 2.27 and spoke in support of the proposal.

(7)       Mr Roger Steer and Mr Geoff Foxwell addressed the Committee in opposition to the proposal. Mr John Farmer (Kent Highways Transportation and Waste) spoke in reply on behalf of the applicants.

(8)       On being put to the vote, the recommendations of the Head of Planning Applications Group were carried by 11 votes to 3 with 1 abstention.

(9)       Mr M Baldock, Mr L Burgess and Mr A Terry requested pursuant to Committee Procedure Rule 2.26 (3) that their votes against the proposal be recorded.

(10)     Mr T A Maddison requested pursuant to Committee Procedure Rule 2.26 (3) that his vote in favour of the proposal be recorded.

(11)     RESOLVED that:-

(a)       permission be granted to the proposal subject to conditions, includingconditions covering  implementation ofthe permissionwithin 5years;          thedevelopment beingcarried outin accordancewith thepermitted detailsand as otherwiseapproved pursuantto thepermission; the submission forapproval ofdetails ofhorizontal andvertical alignment; the submission  for  approval  of  details  of  the  highway  design  and  construction, includingall pavedsurfaces; the submission forapproval ofdetails forthe enhancementof theretained sectionof the existingroad; the submission forapproval ofdetails ofall structures,including theacoustic fence, retainingwalls, andstreet furniture; the submissionfor approvalof detailsof highwaylighting; the submission forapproval ofdetails, implementationand subsequentmaintenance, of landscaping proposals,including plantingproposals forthe slopeon thesouth side ofthe newroad; the submission forapproval ofdetails ofstreet lighting; implementation of the recommendations for   biodiversity mitigation and enhancement; buildingrecording priorto demolitionof 13Darnley Road; details ofarchitectural items to  ...  view the full minutes text for item 77.

(1)       Mrs S V Hohler informed the Committee that she had already given her views on the proposal. She therefore addressed the Committee as the Local Member and took no further part in the decision making process for this application.

(2)       Mr M A C Balfour informed the Committee that he was a Member of Tonbridge and Malling BC’s Planning Committee which had commented on the proposal. He had, however, not given an opinion during that Committee’s discussions of the proposal and was therefore able to approach its determination with a fresh mind.

(3)       A letter from Mr and Mrs Branston (local residents) in opposition to the proposal was tabled.

(4)       Members of the Committee expressed differing views on whether there should be a deadline beyond which letters of support or objection should not be considered. The Committee therefore agreed that this question should be considered by the Chairman, Vice-Chairman, representatives of the political groups and officers prior to making a recommendation to the Committee on whether deadlines should be introduced as in some other Local Authorities.

(5)          RESOLVED that:-

(a)       permission be granted to the proposal subject to conditions,including conditionscovering the standard5 yeartime limit; the development being carried out in accordance with the permitted details; the submissionand approvalof detailsof allmaterials tobe usedexternally; the developmentnot beingoccupied bymore than100 pupilsbefore ascheme of roadwidening improvementsto theaccess roadto thenorth ofthe schoolhas been submitted, including detailscovering the revisedsite accessdesign, extentand positionof schoolclearway markings and school signs,details, appearance andmaterials ofany proposedpedestrian crossing zone,revised carparking layoutand revisedlocation ofcycle stands; thesubmission and approvalof aTraffic ManagementPlan for the operation ofthe school, includingits impacton theLeybourneChase area; thesubmission andapproval ofdetails ofthe designand provisionof asuitable pedestrian accesslink tothe northof thesite priorto occupation;  thesubmission andapproval of an appropriatesurface, laid to provideservice access tothe schoolprior tooccupation; the submissionand approvalof aSchool TravelPlan priorto occupation,its implementation andon-going review; the  submission  and  approval  of  the  specifications  of  the  fencing  and  gates proposedto beerected; the submission andapproval ofdetails ofall externallighting; no floodlightingto thesports pitchbeing installedwithout priorapproval; a programmeof archaeologicalwork beingsubmitted andapproved; the developmentbeing undertakenin accordancewith therecommendations ofthe Ecological Surveyand the supplementary EcologicalStatement, including a biodiversity enhancement scheme;  thedevelopment beingundertaken inaccordance withthe recommendationsin the batsurvey andthe reptilesurvey; a precautionary methodstatement ofwork beingundertaken asrecommended for theprotection ofdormice; the submissionand approvalof an updatedlandscape plan, indicating thearbour type structureto enablethe movementof dormice; no vegetationclearance  ...  view the full minutes text for item 78.

RESOLVED to note matters dealt with under delegated powers since the last meeting relating to:-

(a)       County matter applications;

(b)      County Council developments;

(c)       Screening Opinions under the Town and Country Planning (Environmental Impact Assessment Regulations) 2011; and

(d)       Scoping Opinions under the Town and Country Planning (Environmental Impact Assessment Regulations) 2011 (None).